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Dear Mike,
Below, I've included (1) a checklist for an action in defamation, (2) a list
of
possible actions in libel, and (3) a list of possible actions in slander.
Please let me know which scenario in both the libel and slander checklists
best
fit your situation. I will then try to get more information on those
specific
scenarios.
Regards,
Tom Messner
1. DEFAMATION
b. Libel
§ 14. Complaint, petition, or declaration--Against publisher of newspaper
§ 15. Complaint, petition, or declaration--Against publisher of
newspaper--Another form
§ 15.1. Complaint, petition, or declaration--Against publisher of newspaper
and
author--Another form
§ 16. Complaint, petition, or declaration--Against publisher of gossip
column--By celebrity
§ 17. Complaint, petition, or declaration--Allegation--Libel--By letter
§ 18. Complaint, petition, or declaration--Allegation--Libel--By letter--
Another
form
§ 19. Complaint, petition, or declaration--Allegation--Libel--By cartoon
§ 20. Complaint, petition, or declaration--Allegation--Libel--By picture
§ 21. Complaint, petition, or declaration--Allegation--Libel--By effigy
§ 22. Complaint, petition, or declaration--Allegation--Libelous statement in
foreign language
§ 23. Complaint, petition, or declaration--Allegation--Libelous statement in
foreign language--Another form
§ 24. Complaint, petition, or declaration--Allegation--Unfair account of
judicial proceedings
§ 25. Complaint, petition, or declaration--Allegation--
Identification--Defendant publisher
§ 26. Complaint, petition, or declaration--Allegation--
Identification--Defendant columnist
§ 27. Complaint, petition, or declaration--Allegation--
Identification--Defendant editor
§ 28. Complaint, petition, or declaration--Allegation--
Identification--Defendant distributor
§ 29. Complaint, petition, or declaration--Allegation--Actual malice--
Falsity of
publication
§ 30. Complaint, petition, or declaration--Allegation--Malice-- Publication
not
fair or true report of proceeding within qualified privilege
§ 31. Complaint, petition, or declaration--Allegation--Malice-- Failure of
defendant to make reasonable inquiry
§ 32. Complaint, petition, or declaration--Allegation--Malice-- Reckless and
careless publication
§ 33. Complaint, petition, or declaration--Allegation--Malice-- Reckless
disregard for the truth
§ 34. Complaint, petition, or declaration--Allegation--Demand for retraction
made and refused
§ 35. Complaint, petition, or declaration--Allegation--General damages--
Libel by
newspaper
§ 36. Complaint, petition, or declaration--Allegation--Special damages--Loss
of
employment--Loss of prospects
§ 37. Complaint, petition, or declaration--Allegation--Punitive
damages--Reckless publication by newspaper
§ 38. Complaint in federal court--Damage to plaintiff's reputation
§ 39. Complaint in federal court--Against publisher of newspaper
§ 40. Complaint in federal court--Diversity of citizenship--Libel
c. Slander
§ 41. Complaint, petition, or declaration--Slanderous words--General form
§ 42. Complaint, petition, or declaration--False charge against
attorney--Defamation by producer of television broadcast
§ 43. Complaint, petition, or declaration--Allegation--Slander by two
persons
§ 44. Complaint, petition, or declaration--Allegation--Slander in foreign
language
> Tom,
>
> Thanks for this and the e-mail of June 24th, it is really helpful.
>
> First.
>
> I anxiously wait to read an actual Claim for Slander and libel. I will use
> this as a template to attach the facts of my particular claim against
> Bulgarian State TV. The claim arises from two half hour TV specials (Talk
> shows) on me in December 2003 and January 2004. These were televised
> nationally and by satellite into the United States, Canada and Europe. I
> have digital video copies of the interviews as evidence and will prepare
> transcripts whenever I get money for a translator.
>
> Generally, the defamations are first spoken by the interviewers; inter
alia
> a clear anti-Semitic statement at the outset of one interview and
persistent
> refusals to accept the judicial fact of my having been acquitted of fraud.
> The comments are, as you can image, reproductions of earlier slanders and
> libels about criminal accusations now judicially proven with my acquittal
on
> fraud to be untrue. There is an instance of slander, where they "reproduce
> headlines" on screen that are untrue, degrading and defamatory.
>
> I will not bore you with any further details. Please let me know as soon
as
> you can on the sample lawsuits. If not possible I will then muddle through
> it as best as I can.
>
> As a future lawyer you will probably find the press this attracts and
> response of Bulgaria state TV to be most entertaining. They have publicly
> stated that it "is legally impossible for Kapoustin to sue us in a US
> Court". I look forward to proving them wrong and to successfully secure a
> judgment or a settlement.
>
> Mike
>
> P.S.
>
> There were some questions on the Indiana proceedings and getting the case
to
> summary trial. Sorry to ask, but in a manner of speaking it is the one
> closest to the "alter" and some form of judgment against the State of
> Bulgaria.
>
> NEXT
>
> QUESTION 1: Can a claim framed in tort and medical/personal injury also
> include a separate claim framed in contract within the same complaint?
>
>
>
> ANSWER 1: Yes, I believe so. Generally, when filing suit against a
party,
> you can assert all available claims. Simply allege the claim in the
> complaint.
>
>
>
> Thank you for this
>
>
>
>
>
>
>
> QUESTION 2: What procedures do I follow to amend my class action
complaint,
> so that it is no longer a class action complaint?
>
>
>
> ANSWER 2: You probably simply need to file a motion to amend your
> complaint.
>
>
>
> Is there a particular style of motion?
>
>
>
> QUESTION 3: Could my complaint against the Germans for improper
extradition
> be converted into a tort claim in the US?
>
>
>
> ANSWER 3: I'm not sure. Dr. Kommers may know. But my strong hunch is,
> probably not.
>
>
>
> I will send you and Dr, Kommers how this idea developed.
>
>
>
> QUESTION 4: Can you send me some sample complaints, claims, forms, etc.
>
> relating to claims in slander and libel for federal court?
>
>
>
> ANSWER 4: I will search for these.
>
>
>
> I look forward to it.
>
>
>
> Mr. Kapoustin, I hope this helps. I will try to soon respond with the
> forms, if I can find them.
>
>
>
> Regards,
>
>
>
> Tom Messner
>
>
>
> I does, thank you for everything. Mike
>
>
>
>
>
>
>
>
>
>
>
>
>
>
>
> -----Original Message-----
> From: tmessner@nd.edu [mailto:tmessner@nd.edu]
> Sent: Friday, June 25, 2004 7:21 PM
> To: Marianna Radoulova
> Cc: Donald Kommers
> Subject: Information on Libel and Slander
>
>
>
> Mr. Kapoustin,
>
>
>
> As you requested, here is some information on the issues of slander and
> libel.
>
>
>
>
>
> Regards,
>
>
>
> Tom Messner
>
>
>
>
>
>
>
>
>
> ************************************************
>
> SLANDER
>
>
>
>
>
>
>
> AMJUR LIBEL <section> 8
>
> 50 Am. Jur. 2d Libel and Slander <section> 8
>
>
>
> <C>
>
> American Jurisprudence, Second Edition
>
> Database updated May 2003
>
>
>
> Libel and Slander
>
> Robert F. Koets, J.D., Mitchell J. Waldman, J.D. and Joseph E. Conley,
> M.F.A.,
>
> J.D., of the National Legal Research Group, Inc.
>
> I. Civil Liability for Defamation of Persons [<section><section>1-519]
>
> A. Preliminary Matters [<section><section>1-20]
>
> 2. Definitions [<section><section>3-11]
>
>
>
> Topic Summary; Topic Contents; Parallel References; List of Topics;
> Index
>
>
>
>
>
> <section> 8. SLANDER
>
>
>
>
>
> The Restatement [FN54] and some courts [FN55] define slander as the
>
>
> publication of defamatory matter by spoken words, by transitory gestures,
or
>
>
> by any form of communication other than those constituting libel. Other
> courts
>
> have defined slander as--
>
>
>
> -- an oral communication which tends to injure a plaintiff in his trade or
>
>
> profession, or community standing, or lower him in the estimation of the
>
>
> community. [FN56]
>
> -- the oral publication of defamatory matter. [FN57]
>
> -- the speaking of base or defamatory words which tend to prejudice
another
> in
>
> his reputation, office, trade, business, or means of livelihood. [FN58]
>
> -- the uttering of defamatory words which tend to injure another in his
>
>
> reputation, office, trade, and so on. [FN59]
>
> -- a defamatory statement orally communicated or published without legal
>
>
> excuse. [FN60] Some states define slander by statute. For example, it is
>
>
> defined as a false and unprivileged publication other than libel. [FN61]
>
>
>
>
>
> CUMULATIVE SUPPLEMENT:
>
>
>
>
>
> Cases:
>
>
>
>
>
> "Slander" is a defamatory statement that is communicated or published to
a
>
>
> third person without legal excuse. Marshall v. Mahaffey, 974 S.W.2d 942
> (Tex.
>
> App. Beaumont 1998).
>
>
>
>
>
>
>
>
>
>
>
>
>
> ********************************************************
>
> LIBEL
>
>
>
>
>
> AMJUR LIBEL <section> 7
>
> 50 Am. Jur. 2d Libel and Slander <section> 7
>
>
>
>
>
> American Jurisprudence, Second Edition
>
> Database updated May 2003
>
>
>
> Libel and Slander
>
> Robert F. Koets, J.D., Mitchell J. Waldman, J.D. and Joseph E. Conley,
> M.F.A.,
>
> J.D., of the National Legal Research Group, Inc.
>
> I. Civil Liability for Defamation of Persons [<section><section>1-519]
>
> A. Preliminary Matters [<section><section>1-20]
>
> 2. Definitions [<section><section>3-11]
>
>
>
> Topic Summary; Topic Contents; Parallel References; List of Topics;
> Index
>
>
>
>
>
> <section> 7. LIBEL
>
>
>
>
>
> No definition of libel has been formulated that is sufficiently
>
>
> comprehensive to cover all the cases. [FN37]
>
>
>
> Under the Restatement, libel consists of the publication of defamatory
>
>
> matter by written or printed words, by its embodiment in physical form, or
> by
>
> any other form of communication that has the potentially harmful qualities
>
>
> characteristic of written or printed words. [FN38] The area of
> dissemination,
>
> the deliberate and premeditated character of its publication, and the
>
>
> persistence of the defamation are factors to be considered in determining
>
>
> whether a publication is a libel rather than a slander. [FN39]
>
>
>
> Courts have defined libel as--
>
>
>
> -- defamation which springs from publication of written or printed
material.
>
>
> [FN40]
>
> -- malicious defamation expressed in writing. [FN41]
>
> -- the malicious publication, expressed either in printing or in writing,
or
>
>
> by signs and pictures, tending to injure the reputation of another person
or
>
>
> to expose that person to public hatred, contempt, or ridicule or to injure
>
>
> that person in the maintenance of the person's business. [FN42]
>
> -- a defamation of a person by publication of any false unprivileged
writing
>
>
> or statement which tends to expose him to contempt, hatred, ridicule, or
>
>
> obloquy, or which causes him to be avoided or which has a tendency to
> deprive
>
> him of the benefits of public confidence or to injure him in his
occupation.
>
>
> [FN43]
>
> -- a statement of and concerning the plaintiff which is false in some
> material
>
> respect and is communicated to a third person by written or printed words
> and
>
> has a tendency to harm the plaintiff's reputation. [FN44]
>
> -- a false and unprivileged publication by writing, printing, picture,
> effigy,
>
> or other fixed representation to the eye which exposes any person to
hatred,
>
>
> contempt, ridicule, or obloquy or which causes him to be shunned or
avoided
> or
>
> which has a tendency to injure him in his occupation. [FN45]
>
> -- the malicious defamation of a person made public by any printing,
> writing,
>
> sign, picture, representation, or effigy tending to provoke that person to
>
>
> wrath or expose him to public hatred, contempt, or ridicule, or to deprive
> him
>
> of the benefits of public confidence and social intercourse. [FN46]
>
> -- a false and malicious publication made with the intent to injure a
> person's
>
> reputation or expose him to public hatred, contempt, ridicule, shame, or
>
>
> disgrace, or to affect him adversely in his trade or profession. [FN47]
>
> -- a maliciously written or printed publication which tends to blacken a
>
>
> person's reputation or expose him to public hatred, contempt, or ridicule
or
>
>
> injure him in his business or profession. [FN48]
>
>
>
> Some jurisdictions have defined libel by statute as--
>
>
>
> -- a false and unprivileged publication by writing, printing, picture,
> effigy,
>
> or other fixed representation to the eye, which exposes any person to
> hatred,
>
> contempt, ridicule, or obloquy, or which causes him to be shunned or
> avoided,
>
> or which has a tendency to injure him in his occupation. [FN49]
>
> -- a false and malicious defamation of another, expressed in print or
> writing,
>
> tending to injure the reputation of the person and exposing him to public
>
>
> hatred, contempt, or ridicule, and published to another. [FN50]
>
> -- a false or malicious unprivileged publication by writing, printing,
>
>
> picture, or effigy or fixed representation. [FN51]
>
> -- a defamation expressed in written or other graphic form that tends to
>
>
> blacken the memory of the dead or that tends to injure a living person's
>
>
> reputation and thereby expose the person to public hatred, contempt, or
>
>
> ridicule, or financial injury or to impeach any person's honesty,
integrity,
>
>
> virtue, or reputation or to publish the natural defects of anyone and
> thereby
>
> expose the person to public hatred, ridicule, or financial injury. [FN52]
>
>
>
>
>
> Reminder: Some states no longer recognize a distinction between libel
> and
>
> slander [FN53] and thus do not have separate definitions for libel and
>
>
> slander.
>
>
>
>
>
>
>
>
>
>
>
>